si of police Bavanisagar Vs Ganesan — Murder and Culpable Homicide | Madras HC (2025)

si of police Bavanisagar Vs Ganesan — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

After being found guilty under Sections 279, 337 & 304(A) IPC, the accused was released on probation under the Probation of Offenders Act, 1958 on a one-year good-conduct bond, without sentencing; C.C.No.30 of 2021 on the file of the Judicial Magistrate, Sathyamangalam Taluk, Erode stands disposed of and the Suo Motu Transfer Case is disposed of.

Issue for consideration

Whether the accused, facing an accident case under Sections 279, 337 and 304(A) of the Indian Penal Code, 1860, is a fit candidate for release on probation under the Probation of Offenders Act, 1958 instead of being sentenced. +1 more

Court's answer

Upon the plea of the accused, the accused is found guilty of the offence under Sections 279, 337 & 304(A) of the Indian Penal Code, 1860.

Ratio / Principle

Without proceeding to sentence the accused, the Court released the accused on probation under the Probation of Offenders Act, 1958, conditioned on executing a bond before the learned Magistrate undertaking good conduct for one year, failing which he is to appear before the High Court to receive sentence.

Key takeaways

As per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) disposing of Suo Motu TR.No.190 of 2025 arising from C.C.No.30 of 2021 (Judicial Magistrate, Sathyamangalam Taluk, Erode): in a road-accident case under Section 304(A) IPC dealt with by the Dedicated Bench pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025, where (i) the accident involved no aggravated or egregious conduct, (ii) the victim had received compensation, (iii) the accused had no previous or subsequent case with a favourable probation officer's report, and (iv) the accused had faced the case for years, the Court found the accused guilty upon his plea under Sections 279, 337 and 304(A) IPC but, invoking the Probation of Offenders Act, 1958, released him on probation without sentence, on a bond of good conduct for one year before the learned Magistrate, failing which he was to appear before the High Court to receive sentence; per Section 12 of the Act, the finding of guilt is not a disqualification for any purpose.

Suo Motu TR.No. 190 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.190 of 2025

(C.C.No.30 of 2021 of Judicial Magistrate, Sathyamangalam Taluk, Erode)

The State rep. by The Sub Inspector of Police, Bavanisagar Police Station, Erode. ... Petitioner

Vs.

Ganesan ...Respondent

For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

O RDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

This is an accident case, complaining of an offence under Section 304(A) of Indian Penal Code, 1860. Reference can be made to the detailed order passed by this Court dated 01.09.2025 in Suo Motu Crl.No.618 of 2025.

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Suo Motu TR.No. 190 of 2025

In that view of the matter, the following was considered:

(i) The accident was not due to any aggravated or egregious conduct.

(ii) The victim has received compensation.

(iii) The accused has no previous or subsequent case and a due report

from the probationary officer regarding his conduct has already been received.

(iv) The accused has also been facing the case all these years.

In view thereof, I find that this is a fit case where the provisions of the Probation of Offenders Act, 1958, can be invoked. Accordingly, upon the plea of the accused, the accused is found guilty of the offence under Sections 279, 337 & 304(A) of Indian Penal Code, 1860. However, without proceeding to sentence the accused, this Court releases the petitioner on probation under the Probation of Offenders Act, 1958, on the following conditions:

(a) The accused shall execute a bond before the learned Magistrate undertaking good conduct for a period of one year, failing which he shall appear before this Court to receive sentence.

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Suo Motu TR.No. 190 of 2025

(b) It is made clear that, as per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.

Accordingly, the case in C.C.No.30 of 2021 on the file of the Judicial Magistrate, Sathyamangalam Taluk, Erode shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of.

02.09.2025

nsl

Note to the Trial Court: This order is digitally signed and communicated electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

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Suo Motu TR.No. 190 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

Suo Motu TR.No.190 of 2025

02.09.2025

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